As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all … Continue Reading
Can Oregon employers bring conversion claims against employees who misappropriate confidential information without having their claims preempted by the state’s Uniform Trade Secrets Act? According to a recent Oregon federal district court opinion, the answer is “yes”; however, in several other states, the answer is “no”.
This result highlights the continued divergence of opinion across the nation concerning the viability … Continue Reading
On May 21, 2013, Washington Governor Jay Inslee signed into law Senate Bill 5211, which with certain exceptions prohibits mandatory employee disclosure of ‘personal’ social-networking account information and profiles. The revised bill passed the Washington house and senate unanimously, and will go into effect on July 28, 2013. Washington thus became the ninth state to pass such legislation, which … Continue Reading
California federal courts have again said it loud and clear — when analyzing whether or not the enforcement of a forum selection clause within a non-competition agreement is contrary to California public policy, the court will not consider the substantive effects of enforcing the clause. In a recent case out of the Northern District, … Continue Reading
On January 30th, the Washington state senate introduced a bill which would prohibit public and private employers within the state from requiring employees to turn over their online social-network account passwords. Senate Bill 5211. As we previously blogged, a number of states have passed… Continue Reading or are considering similar legislation, which ostensibly is aimed at protecting employees’ privacy in their
With today’s college football National Championship game between Alabama and Notre Dame, a recent trade secret decision regarding the interplay between trade secrets and NFL scouting grades caught our eye.
National Football Scouting authors several hundred six-page biographical reports annually on outstanding college football players. The reports are sold for $75,000 each to 21 NFL teams to use during the … Continue Reading
In Moore v. Commercial Aircraft Interiors, 2012 WL 1947890 (Wash. Ct. App., May 29, 2012), a Washington Appeals Court held that a former employee suing his former employer for tortious interference with business expectancy must show actual evidence and not simply conclusory statements of his alleged former employer’s improper purpose, in order to recover.
Robert Moore (“Moore”) worked for … Continue Reading
Courts around the country are split as to the circumstances under which the parties’ choice of law set forth in a non-compete agreement will be honored. In a recent diversity jurisdiction case ruling, Arizona U.S. District Court Judge David Campbell recently refused to enjoin violations of a non-compete clause which said that the law of Washington State applied. He held that Arizona … Continue Reading
Employment Agreement’s forum, venue and personal jurisdiction clause upheld despite argument that the agreement was signed “under extreme pressure” and without sufficient time for counsel to review. CLP Resources, Inc. v T. Salerno, 2011 WL 1597677 (W.D.Wash.) (April 27, 2011).
Plaintiff CLP Resources, Inc. (“CLP”), a large provider of temporary construction workers, sued a former employee, defendant Salerno, and his … Continue Reading